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View Diary: Petitions SCOTUS to Vacate FISC Ruling Authorizing NSA to Siphon Domestic Phone Metadata (28 comments)

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  •  Question for Legal Eagles (2+ / 0-)
    Recommended by:
    markthshark, Garrett

    If the NSA and the DoD are involved in domestic surveillance to procure information that can be used by law enforcement then may the DoD be in violation of the Posse Comitatus Act of 1878?

    •  Not a "legal eagle..." (0+ / 0-)

      But I do believe that ol' bastion of freedom the Patriot Act itself can be used to supercede the authority of that mere 130-plus year old doctrine.

      It's magic, don't ya know.

      'Cuz freedom cannot protect itself ~~ EFF ~ EPIC ~ ACLU

      by markthshark on Fri Jul 05, 2013 at 06:50:44 AM PDT

      [ Parent ]

    •  The ACLU's original complaint, (1+ / 0-)
      Recommended by:

      about the Verizon order, where data is turned over to the military, doesn't directly bring it up.

      One of the worst John Yoo memos is from September 25, 2001. The constitution does not apply, because President/War.

      The Bush spying order was a week later, October 4. They had to get rid of the 4th amendment to do it. And that order is still used to justify the spying.

      Is the September 25, 2001 Yoo memo still being relied on? Something has to used to repeal the constitution.

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